New Zealand Case Law: Decisions & Judgments

Topic

Liability vs quantum

Legal area

Court

8 Mar 2019

PGG WRIGHTSON SEEDS LTD v WHOLESALE SEEDS LTD & SMITH [2019] NZHC 377

Citation

[2019] NZHC 377
Court

High Court

The defendants failed to rebut the presumption in favour of a single trial because the estimated practical time saving was minimal, proceedings are at an early stage with discovery incomplete and pleadings unparticularised, and the risks and delay inherent in a split hearing outweighed the modest benefits; accordingly the application for a split trial was dismissed with leave to reapply.
4 Sept 2006

SPEIRS GROUP LIMITED TRADING AS SPEIRS FINANCE V XPRESS VEHICLE RENTALS LIMITED AND ANOR HC NAP CIV-2006-441-425

Citation

openlaw-2199df15_64b7_444c_ae03_a47a306463bd.pdf
Court

High Court

s50(2) applies: buy-back agreements created day-certain price obligations. An implied term existed that the plaintiff must enforce operating leases and either return vehicles meeting lease-based condition or deduct remediation/excess mileage costs from the buy-back price; that implied term is a warranty not a condition. Accordingly the first defendant is liable for the buy-back price subject to deductions for diminution caused by lease breaches. Summary judgment on liability is appropriate; quantum is to be determined separately.
16 Dec 2005

DEBT RECOVERY CO. NZ LIMITED AND ANOR V ERSKINE AND ANOR HC AK CIV 2005-404-3863

Citation

openlaw-e8f9783e_6f5a_42e9_add1_23d6dfae3878.pdf
Court

High Court

Allow appeal on party-to-contract ground: vacate judgment against first appellant and enter judgment against second appellant; dismiss appellants' challenge to quantum because parties agreed to a quantum meruit assessment, the District Court had sufficient material and the appellants failed to seek directions or to adduce further evidence in time, so the District Court's quantum of $9,873 stands.

New Zealand Case Law

PGG WRIGHTSON SEEDS LTD v WHOLESALE SEEDS LTD & SMITH [2019] NZHC 377

SPEIRS GROUP LIMITED TRADING AS SPEIRS FINANCE V XPRESS VEHICLE RENTALS LIMITED AND ANOR HC NAP CIV-2006-441-425

DEBT RECOVERY CO. NZ LIMITED AND ANOR V ERSKINE AND ANOR HC AK CIV 2005-404-3863